How to sign the contract for the sale and purchase of resettlement housing

Resettlement housing, due to urban planning, land development and other reasons, and resettled to the demolished person or tenant for residential use, there are often resettlement housing transactions in the market transaction, then the resettlement housing sales contract should pay attention to the following matters:

Generally speaking, for the resettlement houses that have been completed, you can inquire about the "five certificates" of the resettlement houses, or go to the real estate transaction center to inquire about the property rights of the houses. For different types of demolition and resettlement housing, the transaction risks borne by both parties to the transaction are different.

Due to the long transaction time and the influence of market factors, the buyer often needs to bear great legal risks due to the long transaction time. It is mainly reflected in the fact that after the house price, the upper family intentionally regrets it, finds loopholes in the contract to evade legal responsibility, pursues its own interests, or sets up obstacles to the performance of the contract. Although the buyer and seller can know the approximate location of the house, they cannot determine the specific structure, orientation, and community environment of the resettlement house after it is built, and it will take longer to go through procedures such as the transfer of ownership.

Therefore, when buying such a property, it is important to have a valid and operational sales contract in place.

It is generally not recommended to apply the template directly, because the situation of each contract is different, although it saves money by applying the template directly, it will not protect you in the event of a dispute, and even damage your legal rights, because you do not know which side the template is drafted from. We have drafted a lot of contract templates, which are commonly used in the daily operation of enterprises, these templates are the summary of our team's work for more than ten years, and they are certainly much better than the contract templates you can casually use on the Internet, at least to prevent general legal risks, and if necessary, you can contact us to obtain more targeted templates.

Second, the specific content of the purchase contract on the specific situation, ** and quantity of the house;

3. The content of the purchase contract on breach of contract and remedies;

Fourth, the content of the terms and conditions attached to the purchase of the house.

Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties and generally include the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance; Wu Yun.

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

Legal analysis: If the parties need to sign a contract for the sale and purchase of resettlement housing, they shall conclude the contract in writing, and the contract shall include the names and addresses of the parties; Target; Quality; price or remuneration; the period, place and manner of performance; liability for breach of contract; Dispute resolution methods, etc. The two parties may conclude the contract by way of invitation and acceptance, and after one party sends an invitation to the other party, the offeree accepts the invitation and makes a commitment, and the contract is formed when the commitment takes effect.

Legal basis: Article 469 of the Civil Code of the People's Republic of China The parties may conclude a contract in written, oral or other forms.

The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly expressed in the form of electronic data group exchanges, e-mails, etc., and that can be accessed at any time for reference, shall be deemed to be in writing.

Article 470:The content of the contract is agreed upon by the parties and generally includes the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

Article 471:When a party concludes a contract, it may take the form of an offer, acceptance or other means.

Article 483:The contract is formed when the undertaking takes effect, except as otherwise provided by law or otherwise agreed by the parties.

Article 595:A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.

Article 596: The contents of a sales contract generally include the name, quantity, quality, price, time limit, place and method of performance, packaging method, inspection standards and methods, settlement method, words used in the contract and its effect, etc.

The process of signing the resettlement housing sales contract is as follows: 1. To verify the identity, the identity of the purchaser needs to be verified; 2. Confirm the room selection, the staff will call the name in the order of the room selection sequence number, the person who is called will select the room on the spot, and the buyer will choose the resettlement house according to the area that should be enjoyed, and then sign and confirm the "room number confirmation form"; 3. Notarization and publicity, the relevant staff will supervise the whole process of house selection, so as to ensure that the whole process is open, fair and transparent; 4. If there are problems with the internal decoration and water and electricity facilities of the resettlement house, you can report to the property management office of the community within 7 days.

1. How to sign the contract for the sale and purchase of resettlement housing.

1. The process of signing the contract for the sale and purchase of resettlement housing is as follows:

1) Verification of identity, the identity of the purchaser needs to be verified;

2. Confirm the room selection, the staff will call the name in the order of the room selection sequence number, the person who is called will select the room on the spot, and the buyer will choose the resettlement house according to the area that should be enjoyed, and then sign and confirm the "room number confirmation form";

3) Notarization and publicity, the relevant staff will supervise the whole process of house selection to ensure that the whole process is open, fair and transparent;

4. If there are problems with the internal decoration and water and electricity facilities of the resettlement house, you can report to the property management office of the community within 7 days.

2. Legal basis: Article 63 of the Land Management Law of the People's Republic of China.

The owner of the land may transfer the land for use by units or individuals through transfer, lease or other means, and shall sign a written contract indicating the land boundary, area, construction period, use period, land use, land use, planning conditions and other rights and obligations of both parties.

The transfer or lease of collective construction land provided for in the preceding paragraph shall be subject to the consent of more than two-thirds of the members of the villagers' meeting of the members of the collective organization or two-thirds of the villagers' representatives who are members of the Mingnaji organization.

The right to use land for collective management construction acquired through transfer or other means may be transferred, exchanged, contributed, donated or mortgaged, except as otherwise provided by laws and administrative regulations or otherwise agreed in a written contract signed by the land owner or land use right holder.

The leasing of collective construction land, the transfer of the right to use collective construction land and its maximum term, transfer, exchange, capital contribution, gift, mortgage, etc., shall be carried out with reference to the state-owned construction land for the same purpose. The specific measures are formulated by ***.

2. Is it useful to notarize the sale and purchase contract of resettlement housing?

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Pay attention to the following:

Content 1 of the resettlement housing sale and purchase agreement: the basic situation of the house.

The seller's demolition and resettlement house is located in Room A3-00-000, Haisi Jingcheng Community, South Area of Quanzhou Bridge, with an area of square meters, a total of square meters of common land in the common area, and the use of the house is residential. The property right certificate has not yet been processed.

Content 2 of the resettlement housing sale and purchase agreement: time and method of payment.

After the signing of this contract, the buyer shall deliver the purchase price of 251,000 yuan (251,000 yuan) to the seller, which shall be paid on the day of signing the contract. The balance of 30,000 yuan shall be paid within three days after the transfer of property rights. Seller's bank account:

Account opening bank: CCB, account name: 000, 622000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 The buyer may pay the seller in cash, or the purchase price may be deposited into the seller's account as described above.

Content 3 of the resettlement housing sale and purchase agreement: delivery of the house.

1. After the signing of this contract, the seller shall hand over the original Resettlement Agreement in its possession to the buyer for safekeeping;

2. The seller shall, within five days after the notice of handing over the house, deliver all the house and the keys attached to it to the buyer, which shall be owned by the buyer.

Content 4 of the resettlement housing sale and purchase agreement: liability clause for breach of contract.

1. If the buyer fails to deliver the house price to the seller within the agreed time limit, and the seller is overdue for one month, the seller has the right to terminate this contract, and the buyer shall bear the liquidated damages of 5/10,000 of the purchase price for the overdue payment.

2. If the seller fails to deliver all the house and its attached keys to the buyer as agreed after handing over the house, it shall be deemed that the seller is in breach of contract, and the seller shall pay liquidated damages of RMB 30,000 yuan to the buyer.

3. If the seller fails to apply for the property right certificate and land certificate at the corresponding institution within 10 days after receiving the notice of handling the property right of the house, it shall be deemed that the seller has breached the contract against the buyer, and the seller shall pay liquidated damages of RMB 30,000 yuan to the buyer.

Legal basis: Article 143 of the Civil Code is valid for civil law that meets the following conditions:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Legal analysis: 1. The parties must have the corresponding capacity to conclude the contract when concluding the contract. 2. The intention of the parties to the contract is true. 3. The contract does not violate the law or the public interest.

Legal basis: Article 465 of the Civil Code of the People's Republic of China.

Contracts established in accordance with the law are protected by law. A contract established in accordance with the law shall be accompanied by the parties and shall only be legally binding on the parties, unless otherwise provided by law.

Article 470 of the Civil Code of the People's Republic of China.

The content of the contract is agreed upon by the parties and generally includes the following clauses: (1) the names and addresses of the parties; b) the subject matter; iii) quantity; iv) Quality; 5) Price or remuneration; 6) the period, place and method of performance; 7) Liability for breach of contract; 8) Methods of Dispute Resolution. The parties may conclude a contract with reference to the model texts of various types of contracts.